A federal judge on Dec. 19 ordered some of the nation’s largest poultry companies to pay for the cleanup of the Illinois River watershed and limit the amount of bird waste that can be applied to land in the region.

U.S. District Court Judge Gregory Frizzell issued his judgment in the state’s long-running lawsuit against Tyson Foods, Simmons Foods, Cobb-Vantress, Cal-Maine Foods, Cargill, George’s Farms, Peterson Farms, and related companies. The state, under then-Attorney General Drew Edmondson, filed suit against the companies in 2005 for polluting the scenic Illinois River in eastern Oklahoma by land applying phosphorus- rich poultry waste that ended up polluting the river.

Frizzell decided the case in favor of Oklahoma in 2023, and ordered the state and poultry companies to negotiate a settlement. But the parties were unable to reach an agreement, and the poultry companies challenged the ruling by stating that conditions at the river had changed dramatically since the trial ended in 2010. Following a hearing at the end of 2024, Frizell found that conditions had not drastically changed and that poultry companies were polluting the river.

In his 33-page judgment. Frizzell ordered that a special master be appointed to oversee the cleanup and monitoring of the river at the poultry companies’ expense. The companies must also pay into an evergreen fund that will run for at least 30 years, to finance cleanup costs. The fund will have a starting balance of $10 million. The poultry companies will also have to pay $350,000 to the state of Oklahoma in monetary penalties.

Frizell has ordered poultry companies to permanently limit the amount of poultry waste in the watershed and completely ban it on fields with higher levels of phosphorus, which can cause algae growth in the river and harm fish. The ruling also requires poultry companies to hold their contract bird farms harmless for lost income or the costs of handling any waste disposal.

Earlier this week, Oklahoma Gov. Kevin Stitt told poultry growers and farm bureau members gathered in Westville that state Attorney General Drummond had revived the lawsuit to try and steer money toward attorneys in the case. Among several other politicians at the gathering was Stitt’s Secretary of Energy and Environment Jeff Starling, who is running to replace Drummond as Attorney General. Drummond is leaving the post after one term to run for Governor to succeed Stitt, who is term-limited.

In a media release, Drummond said the poultry companies could appeal the judgment or come to some sort of separate agreement with the state.

“This judgment has significant ramifications for the industry. These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point,” Drummond said. “A robust poultry industry and clean water can and must coexist. I remain committed to working with the poultry companies toward a resolution. I can help facilitate negotiations that achieve cleanup of the watershed while supporting Oklahoma farmers. Let’s find a path forward together. I fervently believe there are solutions that will clean up our water while ensuring a strong and enduring poultry business in Oklahoma.”